06-001544PL Department Of Business And Professional Regulation, Division Of Real Estate vs. Thomas Patrick Taylor Status: Closed Recommended Order on Wednesday, September 27, 2006.

Summary: Respondent violated Section 475.25(1)(f), Florida Statutes, by pleading guilty to Conspiracy to Travel in Foreign Commerce to engage in illicit sexual conduct with a minor.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS AND )

PROFESSIONAL REGULATION, )

DIVISION OF REAL ESTATE, )

)

Petitioner, )

)

vs. ) Case No. 06-1544PL

)

THOMAS PATRICK TAYLOR, )

)

Respondent. )

_________________________________)

RECOMMENDED ORDER

Pursuant to notice, a final hearing was held in this case

before Larry J. Sartin, an Administrative Law Judge of the

Division of Administrative Hearings, on July 7, 2006, by video

teleconferencing between Tallahassee and Miami, Florida.

APPEARANCES

For Petitioner: James Harwood

Assistant General Counsel

Department of Business and

Professional Regulation

Hurston Building, North Tower

400 West Robinson Street, Suite 801N

Orlando, Florida 32801

For Respondent: John M. Jorgensen, Esquire

Scott, Harris, Bryan, Barra

& Jorgensen, P.A.

4400 PGA Boulevard, Suite 800

Palm Beach Gardens, Florida 33410

STATEMENT OF THE ISSUE

The issue in this case is whether the Respondent, Thomas

Patrick Taylor, committed the violation alleged in an

Administrative Complaint issued by the Petitioner, Department of

Business and Professional Regulation, Division of Real Estate,

on December 14, 2005, and, if so, the penalty that should be

imposed.

PRELIMINARY STATEMENT

Petitioner issued a one-count Administrative Complaint on

December 14, 2005, against Respondent, alleging that Respondent

"is guilty of having been convicted or found guilty of, or

entered a plea of nolo contendere to, regardless of

adjudication, a crime which involves moral turpitude or

fraudulent or dishonest dealing in violation of Section

475.25(1)(f), Florida Statutes." Petitioner alleged, in part,

the following factual basis for the charge:

On or about June 30, 2004, in the United

States District Court, Southern District of

Florida, Respondent pled guilty to

Conspiracy to travel in Foreign Commerce to

Engage in Illicit Sexual Conduct with a

Minor. . . .

Respondent, through counsel, timely filed a request for a

formal hearing to contest the allegations of fact of the

Administrative Complaint. In particular, Respondent stated that

"[t]he specific facts disputed are that the actions of

Respondent do not involve moral turpitude or fraudulent or

dishonest dealing in violation of Section 475.25(1)(f), Florida

Statutes."

Respondent's request for hearing was filed with the

Division of Administrative Hearings for assignment of an

administrative law judge. The request was designated case

number 06-1544PL and was assigned to the undersigned. The final

hearing of this matter was scheduled for July 7, 2006, by Notice

of Hearing by Video Teleconference entered May 9, 2006.

Prior to the commencement of the final hearing, the parties

filed separate pre-hearing stipulations. The parties agreed at

the commencement of the final hearing, however, that the Pre-

Hearing Stipulation filed by Respondent was agreeable to both

parties. That Stipulation contains, among other things, two

stipulated facts which have been accepted in this Recommended

Order.

At the final hearing, Petitioner presented the testimony of

Dawn Luchik, an investigator for Petitioner. Petitioner's

Exhibits, numbered 1 and 2, were admitted. Respondent testified

in his own behalf and presented the testimony of his wife,

Christine Ann Taylor. Respondent's Exhibits numbered 3, 4, 6,

7, 9, 10, 12 through 14, 17, 20, and 21 were admitted.

The Transcript was filed with the Division of

Administrative Hearings on July 18, 2006. By Notice of Filing

Transcript entered July 19, 2006, the parties were informed that

their proposed recommended orders were to be filed on or before

August 17, 2006. Both parties filed proposed recommended orders

on August 17, 2006. Their proposals, along with a Memorandum of

Law filed by Respondent on July 3, 1006, have been fully

considered in entering this Recommended Order.

All references to Florida Statutes and the Florida

Administrative Code in this Recommended Order are to the

versions applicable to this matter unless otherwise indicated.

FINDINGS OF FACT

A. The Parties .

1. Petitioner, the Department of Business and Professional

Regulation, Division of Real Estate (hereinafter referred to as

the "Department"), is the state agency charged with the duty to

prosecute administrative complaints pursuant to Section 20.125,

and Chapters 120, 455, and 475, Florida Statutes.

2. At the times material to this proceeding, Thomas

Patrick Taylor, is and was a licensed Florida real estate agent.

Mr. Taylor's license number is 693523.

3. For his last issued license, Mr. Taylor was listed as a

sales associate affiliated with Whiddon and Company, Inc.,

license number CQ 1003165, a brokerage corporation located at

777 South Federal Highway, Fort Lauderdale, Florida 33316.

4. Mr. Taylor has been actively licensed in Florida since

January 8, 2003. No prior disciplinary action has been brought

against Mr. Taylor.

5. Mr. Taylor is and has been licensed as a real estate

broker in the State of South Carolina. He has been licensed by

South Carolina for more than 25 years. Mr. Taylor operates his

own real estate brokerage company in South Carolina. South

Carolina has not taken any disciplinary action against

Mr. Taylor.

6. Mr. Taylor is high-school educated and is not trained

in any field other than real estate.

B. Mr. Taylor's Marital Status .

7. Mr. Taylor is married to Christine Ann Taylor. The

Taylors have been married for 18 years.

8. Mr. Taylor has five offspring, three of which are

minors and dependent upon him for their support.

9. During 2002, the Taylors were having marital

difficulties and, consequently, were living separately.

Mr. Taylor was living in Florida, while Mrs. Taylor remained

with the children in South Carolina.

10. At some time during 2002, the Taylors decided that

they "were way more lonely apart then [they] were frustrated

together, so [they] decided that [they] would take a cruise and

spend full time with each other for eight days, with no kids and

no business, and get to know each other again. Like a second

honeymoon." Transcript, Page 41, Lines 23 through 25, and Page

42, Lines 1 through 2.

C. The Cruise and "Costa Rica Taboo Vacations ."

11. The Taylors booked a cruise on the Carnival Cruise

Lines MS Legend, departing from Fort Lauderdale, Florida in

January 2004. Among other places, the eight-day cruise was

scheduled to stop in Costa Rica.

12. Some time after arranging the cruise, either Mr. or

Mrs. Taylor found an advertisement (Respondent's Exhibit 4) for

"Costa Rica Taboo Vacations," (hereinafter referred to as "Taboo

Vacations") which was advertised as "For the Discreet Male."

The advertisement, which both Mr. and Mrs Taylor saw, went on to

state:

YOUR DISCRETION AND SAFETY IS FIRST TO US

Your one-stop shop on-line travel agency[.]

All personal desires fulfilled[.]

At Costa Rica Taboo Vacations, your

discretion and safety is [sic] our number

one concern. Through our experience, we

have been able to guarantee our many

satisfied customers the comfort of secure

quality accommodations while fulfilling

their desires. We specialize in providing

only clear, fun-loving, "taboo" companions

of both sexes delivered to your hotel. You

never have to leave your room. [Emphasis in

original].

Enjoy Costa Rica's beautiful scenery staying

at one of several hotels of your choice[.]

All reservations are handled for you. All

fees quoted include price of roundtrip

airfare, hotel accommodations, and fee for

your personal taboo companion. For your

safety, have your companion delivered

directly to your hotel room by our personal

contacts that speak both English and

Spanish. Companions are supplied 24 hours a

day.

You won't find a more willing companion

anywhere ~ we guarantee it !! [Emphasis in

original].

Fulfill your most personal desires[.]

Feel safe and secure[.]

Flights available from the United States

and Canada[.]

Easy payment by credit card ~ Visa,

Mastercard, American Express[.]

. . . .

13. With Mr. Taylor's agreement, Mrs. Taylor contacted

Taboo Vacations by e-mail on January 6, 2004. In the e-mail,

Mrs. Taylor wrote the following:

OUR CRUISE SHIP WILL BE IN COSTA RICA ON

TUESDAY JAN. 20 AND WE WOULD LIKE A HOTEL

ROOM FOR THAT DAY AND ONE OR TWO FEMALE

COMPANIONS. WHO DO I NEED TO CALL TO SET IT

UP AND FIND OUT ABOUT RATES? [Emphasis

added].

14. The same day that Mrs. Taylor sent the foregoing

inquiry, Taboo Vacations responded by e-mail, stating, in part,

the following:

Thank you for contacting Coast Rica Taboo

Vacations. I will be your confidential

vacation planner. From your e-mail I have

put together some information for you.

. . . .

Companion Service: Sightseeing companion

female 16 to 27 year old, light

olive complexion, $225.00 for 24 hours.

Other type companion female 16 to 27 years

old.

Light olive complexion, $325.00 for 24

hours.

The 24 hours for both type of companions

can be broken up over your stay. I.E. 4

hours one day, 8 hours the next day, etc.

and you can change your companions.

Because you want two girls at the same time

I can work that price out for you when we

talk.

. . . .

Go to my website and fill out the form and I

will call you.

The e-mail from Taboo Vacations purported to be from a man named

"Richard Baxter," the "owner" of Taboo Vacations. Mr. Baxter

was actually a Federal Bureau of Investigation (hereinafter

referred to as the "FBI") agent and Taboo Vacations was actually

an FBI "sting" operation.

15. As directed by Mr. Baxter, Mrs. Taylor completed the

form provided on Taboo Vacations' website. Although Mrs. Taylor

testified that she did not recall how the ages of the two female

companions she told Taboo Vacations the Taylors were interested

in were selected, the evidence proved either Mrs. Taylor or

Mr. Taylor expressed an interest in two females, 16 to 17 years

of age, as opposed to Taboo Vacations or Mr. Baxter selecting

the ages.

16. On January 7, 2004, Mr. Baxter telephoned Mr. Taylor.

A transcript of that conversation was admitted as Respondent's

Exhibit 9. Following that conversation, Mr. Taylor sent a check

for $100.00 to Taboo Vacations in payment of half of the price

for the services of two 16 to 17 year old females for two hours.

17. On January 9, 2004, Mr. Baxter sent an e-mail to

Mrs. Taylor in which he made the following offer:

. . . . I'm wondering if you would like to

surprise you [sic] husband Tom with a girl

of his own while your [sic] in Costa Rica.

Because I want you as repeat customers there

would be not [sic] charge. Please call me

at my toll free number . . . so I can talk

to you about it.

18. On January 11, 2004, Mrs. Taylor declined Mr. Baxter's

offer by e-mail stating "this is my fantasy. I will keep him

busy getting us drinks and snacks."

19. On January 13, 2004, Mr. Baxter wrote an e-mail to

Mrs. Taylor stating, in part, the following:

You must be a great wife to Tom and he as

husband to help you make your sexual fantasy

come true. Please call me at . . . so I can

ask you some personal questions so the 16

and 17 year old girls know exactly what to

bring with them. . . .

20. Mrs. Taylor responded to the January 13, 2004, e-mail

the same day, stating that "it's not necessary for them to bring

anything other than themselves and if they are really pretty

that will be enough."

D. Mr. Taylor's Arrest and Conviction .

21. On January 16, 2004, as Mr. and Mrs. Taylor attempted

to board their cruise ship in Fort Lauderdale, they were both

arrested. They were incarcerated for five days in a federal

detention center.

22. On June 30, 2004, Mr. Taylor pled guilty in the United

States District Court, Southern District of Florida, to

Conspiracy to Travel in Foreign Commerce to Engage in Illicit

Sexual Conduct with a Minor.

23. Mr. Taylor was sentenced to three years’ probation and

fined $1,000.00. Mr. Taylor subsequently filed a Renewed Motion

to Terminate Supervised Release, which was granted by an Order

entered July 6, 2004. Mr. Taylor has completed his sentence.

E. Mr. Taylor's Knowledge of Mrs. Taylor's Intentions .

24. Mr. Taylor has asserted throughout these proceedings

that he was not aware of what his wife intended to do with the

two minor females he helped her arrange for in Costa Rica. His

assertions are rejected. The testimony of Mr. and Mrs. Taylor

at hearing suggesting that Mr. Taylor was not aware that

Mrs. Taylor intended to have sex with two minor females is

simply not credited because it is contrary to the weight of the

credible evidence.

25. The following discussion occurred concerning the age

of the girls which both Mr. and Mrs. Taylor were interested in

shows that Mr. Taylor was fully aware that he was arranging for

two females who were minors:

RB: I got ya . . . got ya. Okay, your e-

mail said that you are looking for like

a 16- or 17-year-old female?

TT: Yes, she's just afraid that someone

who's been in this business for a long

time might not be as healthy . . . so

Clearly, Mr. Taylor was aware or should have been aware that the

minor females he and his wife were hiring as "companions" in

Costa Rica would be considered in the United States to be

minors. Why else would Mr. Taylor ask whether "it was legal" in

Costa Rica? See Transcript, Page 45, Line 18.

26. Despite his protestations at hearing to the contrary,

it is also found that Mr. Taylor was aware that Mrs. Taylor

intended to do more with the minor females than to simply have a

"tourist beach party." Transcript, Page 43, Line 10. This

finding is based, in part, upon the statement made by Mr. Taylor

to Mr. Baxter quoted above, and the following additional

statements he made to Mr. Baxter:

RB: Okay, So for how many hours did you

want the girls?

TT: We only need them for a couple of

hours.

RB: Like 2 or 3 hours?

TT: Yeah.

RB: Okay. Two girls.

TT: They'll wear her out in 2 or 3 hours.

[raucous laughter].

. . . .

RB: Good. And your e-mail said that you

just want the bedroom stuff, right?

TT: Right. We don't want to see the town

or any of that kind of stuff.

. . . .

RB: Right. The reason I asked if you

wanted to partake is because some of

the girls that we have don't do any

type of anal type of activity.

TT: I'm not interested in that anyway.

. . . .

TT: . . . . Apparently it's legal in Costa

Rica.

RB: Yeah, right.

TT: So, prices are . . . it looks like

something that you can just do on your

own coming off the ship.

RB: Well, in essence, I offer this service

only because of a lot of clientele.

You can go over there and just walk the

streets or go into the bars and stuff

like that, and you don't know what you

are going to get. I offer this service

because you know I have a lot of

clientele. They want to remain

discrete and that's exactly what's it

for and you know, what you're getting.

When you get over there, you're not

going to the bars, you're not going to

the hotels or walking the streets

looking for these girls or guys in

order to have sex with and stuff. You

know what you're getting . . . .

. . . .

TT: When are you going to give me an idea

of price?

RB: 2/3 hours . . . 2 girls . . . what I

normally get for 24 hours per girl is

$325.00, but you're only going to want

if for 2-3 hours.

TT: I want 2 hours . . . she just wants to

have this fantasy and that's it. Her

and 2 girls and it won't even last the

two hours.

RB: Right . . . her and the 2 girls having

sex together . . . wonderful thing . .

. you're a good man. Were you going to

take pictures?

TT: No.

RB: Okay. I just wanted to make sure that

if you were, I wanted to let the girls

know that we [sic] going . . .

TT: Wait. I'm sure she wants the

healthiest, prettiest girls . . . no

pictures . . . no anal . . . no off-

the-wall stuff.

RB: Okay. Excellent. Not a problem.

TT: And being girl and girl, it would

probably be a welcome change for them.

[much laughter].

RB: $200.00.

TT: Total?

RB: $200 total.

TT: Okay, that's a deal. Am I going to pay

someone down there, or am I to pay you

up here?

RB: You can pay half here and send the

other half to my employee, Jorge, down

there, or you can pay it all right now

. . . it's not a problem. Any way you

want to dot it. Do you want to put it

on your credit card?

TT: To your cat down there.

. . . .

RB: $100 now, and you pay $100 to my

employee over there.

. . . .

F. The Limitation on Mr. Taylor's Involvement .

27. Although Mr. Taylor participated in making the

arrangements for Mrs. Taylor's fantasy, he did not intend to

have sex with the two minor females.

28. During the recorded telephone conversation between

Mr. Baxter and Mr. Taylor, in addition to the comments quoted

above, the following comments on this issue were made:

RB: Ah, then this is for your wife?

TT: Hm, hm.

RB: Okay. Are you going to partake in it?

TT: No.

RB: Ah, come on.

TT: I don’t think so. I mean . . . because

I mean opportunities like that that I'm

going to have are going to be few and

far between. I've mental pictures of

somebody other than those people.

RB: Right.

TT: Sounds kind of silly, but at the same

time, it's one of those things, you

know. Between us, my wife is the nasty

one. I'm the virtuous one, Richard.

[laughter] Then if I see something

that I'm just dying for, I could say,

"Well, just for this one time I might"

and I'd still be the virtuous one. She

would be my slave. I pay her bills and

I have more character than she does.

29. Additionally, all of the e-mails between Mrs. Taylor

and Taboo Vacations, including her response declining

Mr. Baxter's offer of a female for Mr. Taylor, support the

finding that Mr. Taylor did not intend to participate in any

sexual activities with the two minor females the Taylors had

hired.

G. Mr. Taylor's "Rehabilitation ."

30. Mr. Taylor has asserted that he is now rehabilitated

and that he has learned his lesson. Based upon his testimony at

hearing, the lesson Mr. Taylor learned, however, is apparently

only that you should not do anything that will cause you a great

deal of trouble if you get caught. At no point in his testimony

did he admit the true wrong he committed: assisting his wife's

desire to have sex with two minors. Rather than acknowledging

the wrong, Mr. Taylor testified unconvincingly that he did not

really know what his wife's intentions were, that, although he

did not know what his wife was going to do, he had been led to

believe it was "legal" in Costa Rica, and that he wasn't even

sure that they would actually go through with "it."

31. Mr. Taylor has also relied upon comments made by the

judge during the hearing to release him from serving the full

length of his probation. Little weight can be giving to such

comments.

CONCLUSIONS OF LAW

A. Jurisdiction .

32. The Division of Administrative Hearings has

jurisdiction over the subject matter of this proceeding and of

the parties thereto pursuant to Sections 120.569 and 120.57(1),

Florida Statutes (2006).

B. The Burden and Standard of Proof .

33. In the Administrative Complaint, the Department seeks

to impose penalties against Mr. Taylor including suspension or

revocation of his license and/or the imposition of an

administrative fine. The Department, therefore, has the burden

of proving the allegations of the Administrative Complaint by

clear and convincing evidence. Department of Banking and

Finance, Division of Securities and Investor Protection v.

Osborne Stern and Co. , 670 So. 2d 932 (Fla. 1996); Ferris v.

Turlington , 510 So. 2d 292 (Fla. 1987); and Nair v. Department

of Business & Professional Regulation , 654 So. 2d 205, 207 (Fla.

1st DCA 1995).

34. In Evans Packing Co. v. Department of Agriculture and

Consumer Services , 550 So. 2d 112, 116, n. 5 (Fla. 1st DCA

1989), the court defined "clear and convincing evidence" as

follows:

[C]lear and convincing evidence requires

that the evidence must be found to be

credible; the facts to which the witnesses

testify must be distinctly remembered; the

evidence must be precise and explicit and

the witnesses must be lacking in confusion

as to the facts in issue. The evidence must

be of such weight that it produces in the

mind of the trier of fact the firm belief or

conviction, without hesitancy, as to the

truth of the allegations sought to be

established. Slomowitz v. Walker , 429 So.

2d 797, 800 (Fla. 4th DCA 1983).

C. The Charge Against Mr. Taylor .

35. Section 475.25, Florida Statutes, provides that

disciplinary action may be taken against the license of a real

estate sales associate if it is found that the associate has

committed certain enumerated offenses. In this matter, it has

been alleged that Mr. Taylor committed the offense described in

Section 475.25(1)(f), Florida Statutes, which provides, in

pertinent part:

(f) Has been convicted or found guilty

of, or entered a plea of nolo contendere to,

regardless of adjudication, a crime in any

jurisdiction which directly relates to the

activities of a licensed broker or sales

associate, or involves moral turpitude or

fraudulent or dishonest dealing. The record

of a conviction certified or authenticated

in such form as to be admissible in evidence

under the laws of the state shall be

admissible as prima facie evidence of such

guilt. [Emphasis added].

36. In support of the alleged statutory violation, the

Department has alleged that Mr. Taylor's guilty plea to

Conspiracy to Travel in Foreign Commerce to Engage in Illicit

Sexual Conduct with a Minor, which the Department proved clearly

and convincingly, constitutes a plea to a crime which "involves

moral turpitude."

37. Being penal in nature, Section 475.25, Florida

Statutes, “must be construed strictly, in favor of the one

against whom the penalty would be imposed.” Munch v. Department

of Professional Regulation, Div. of Real Estate , 592 So. 2d

1136, 1143 (Fla. 1st DCA 1992).

38. In his defense, Mr. Taylor has argued that it must be

decided first whether the alleged offense was committed and, if

so, whether the offense involved moral turpitude. Then

Mr. Taylor agues it must be decided whether any rational

connection exists between the moral turpitude and Mr. Taylor's

fitness to engage in the real estate business and, if so,

whether Mr. Taylor has been rehabilitated. The later two

arguments are relevant, if at all, only to the type of

punishment Mr. Taylor should be subjected to.

39. In arguing that it must first be decided whether the

alleged offense was committed, Mr. Taylor is suggesting that it

must be decided whether the crime for which Mr. Taylor pled

guilty was actually committed. This suggestion is rejected.

The offense defined in Section 475.25(1)(f), Florida Statutes,

is the plea itself, not the underlying crime.

40. Even if Mr. Taylor were correct, the evidence in this

case proved clearly and convincingly that Mr. Taylor did indeed

commit the crime of Conspiracy to Travel in Foreign Commerce to

Engage in Illicit Sexual Conduct with a Minor. Mr. Taylor and

his wife planned to travel to Costa Rica where she planned to

engage in sexual activities with two minor females, sexual

activities which Mr. Taylor paid the down payment.

41. As to the second issue raised by Mr. Taylor, his

argument that the crime for which he pled guilty does not

constitute a crime involving moral turpitude is rejected.

Assisting his wife in making plans to have sex with a minor is

an act which "involves the idea of inherent baseness or

depravity in the private social relations or duties owed by man

to man or by man to society." See Tullidge v. Hollingsworth ,

146 So. 660, 661 (Fla. 1933).

42. The Department has proved clearly and convincingly

that Mr. Taylor violated Section 475.25(1)(f), Florida Statutes,

as alleged in the Administrative Complaint.

D. The Appropriate Penalty .

43. A range of disciplinary guidelines for violations of

Chapter 475, Florida Statutes, has been adopted in Florida

Administrative Code Rule 61J2-24.001.

44. For a violation of Section 475.25(1)(f), Florida

Statutes, the suggested penalty range is a seven-year suspension

to revocation and an administrative fine of $1,000. Fla. Admin.

Code R. 61J2-24.001(1)(g).

45. The Department in its Proposed Recommended Order has

suggested revocation of Mr. Taylor's license. This

recommendation is based upon the Department's conclusion that no

mitigating circumstances have been proved and that aggravating

circumstances exist.

46. Florida Administrative Code Rule 61J2-24.001(4)

provides for a consideration of aggravating or mitigating

circumstances demonstrated by clear and convincing evidence by

the petitioner or respondent in a proceeding before the Division

of Administrative Hearings. If demonstrated, the disciplinary

rule may deviate from the guidelines.

47. The aggravating or mitigating circumstances that may

be considered include, but are not limited to, the following:

1. The degree of harm to the consumer or

public.

2. The number of counts in the

Administrative Complaint.

3. The disciplinary history of the

licensee.

4. The status of the licensee at the time

the offense was committed.

5. The degree of financial hardship

incurred by a licensee as a result of the

imposition of a fine or suspension of the

license.

48. While the Department is correct it concluding that

Mr. Taylor's lack of candor constitutes an aggravating

circumstance, the Department's assertion that there are no

mitigating circumstances ignores the Department's own rules and

the evidence. The following mitigating circumstances also apply

in this case:

a. There as been no harm to the consumer or the public as

a result of Mr. Taylor's offense. Mr. Taylor's offense had

absolutely no connection with the real estate profession;

b. Mr. Taylor has only been charged with one count in the

Administrative Complaint;

c. Mr. Taylor has no prior discipline as a real estate

associate in Florida or as a real estate broker in South

Carolina;

d. Mr. Taylor's status at the time of the offense was that

of an active Florida associate and an active South Carolina

broker;

e. Mr. Taylor has already suffered financial harm as a

result of his crime. To revoke his license would result in

further financial harm to him and his family, including his wife

and three minor children.

49. Mr. Taylor's conduct, including the crime he

committed, his lack of candor concerning his conduct, and his

failure to recognize the nature of his crime, is unacceptable

conduct. That conduct did not, however, impact his practice of

the real estate business and, therefore, his practice of real

estate in Florida does not constitute a threat to the public.

Therefore, revocation of his license, and the resulting

financial harm to his family is not justified.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that the a final order be entered finding

that Thomas Patrick Taylor violated Section 475.25(1)(f),

Florida Statutes, suspending his license for one year, and

placing his license on probation for a period of two years after

his one-year suspension.

DONE AND ENTERED this 27th day of September, 2006, in

Tallahassee, Leon County, Florida.

___________________________________

LARRY J. SARTIN

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 27th day of September, 2006.

ENDNOTE

1/ The payee, check number, and the amount of the checks are

taken from Petitioner's Exhibit 7. The names of some of the

payees and check numbers have been estimated due to the poor

quality of the exhibit. Any inaccuracy in the name of the payee

or check numbers has no bearing on the relevant facts of this

case.

COPIES FURNISHED :

James P. Harwood

Assistant General Counsel

Department of Business and

Professional Regulation

Hurston Building North Tower

400 West Robinson Street, Suite 801N

Orlando, Florida 32801

John M. Jorgensen, Esquire

Scott, Harris, Bryan, Barra

& Jorgensen, P.A.

4400 PGA Boulevard, Suite 800

Palm Beach Gardens, Florida 33410

Michael E. Murphy, Director

Division of Real Estate

400 West Robinson Street, Suite 802N

Orlando, Florida 32801

Josefina Tamayo, General Counsel

Department of Business and

Professional Regulation

Northwood Centre

1940 North Monroe Street

Tallahassee, Florida 32399-0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this recommended order. Any exceptions

to this recommended order should be filed with the agency that

will issue the final order in this case.